Chapter 236, PLATTING LANDS AND RECORDING AND VACATING PLATS

236.01 Purpose of chapter. The purpose of this chapter is to regulate the subdivision of land to promote public health, safety, and general welfare; to further the orderly layout and use of land; to ensure that land is developed in a manner that supports healthy, livable communit…

236.015 Applicability of chapter. This chapter does not apply to transportation project plats that conform to s. 84.095. History: 1997 a. 282.

236.02 Definitions. In this chapter, unless the context or subject matter clearly requires otherwise: (1) “Alley” means a public or private right-of-way shown on a 236.295 236.30 236.31 236.32 236.33 236.335 236.34 236.35 236.36 236.40 236.41 236.42 236.43 236.44 236.445 236.45 2…

236.025 Ordinary high water marks. (1) For purposes of ss. 236.15 (1) (ag) and (d) and 236.20 (2) (g), a professional land surveyor may do any of the following: (a) Incorporate into a map, plat, or survey an ordinary high water mark that has been determined by the department of n…

236.03 Survey and plat; when required. (1) Any division of land that results in a subdivision as defined in s. 236.02 (12) (am) 1. shall be, and any other division may be, surveyed and a plat thereof approved and recorded as required by this chapter. No map or survey purporting t…

236.10 Approvals necessary. (1) To entitle a final plat of a subdivision to be recorded, it shall have the approval of the following in accordance with the provisions of s. 236.12: (a) If within a municipality, the governing body, but if the plat is within an area, the annexation…

236.105 Presubmission conceptual review. The municipality, town, or county that has the authority under s. 236.10 to approve a subdivision shall provide the subdivider the opportunity to meet informally with representatives of the municipality, town, or county before the subdivid…

236.11 Submission of plats for approval. 236.11(1)(1) 236.11(1)(a)(a) Before submitting a final plat for approval, the subdivider may submit, or the approving authority may require that the subdivider submit, a preliminary plat. It shall be clearly marked “preliminary plat” and, …

236.12 Procedure for approval of plats. (1) This section shall not apply to cities of the first class nor to unincorporated land in a county having a population of 750,000 or more. (2) (ac) The subdivider or subdivider’s agent shall submit an electronic copy of the preliminary or…

236.13 Basis for approval. (1) Approval of the preliminary or final plat shall be conditioned upon compliance with: (a) The provisions of this chapter. (b) Any municipal, town, or county ordinance that is in effect when the subdivider submits a preliminary plat, or a final plat i…

236.15 Surveying requirements. For every subdivision of land there shall be a survey meeting the following requirements: (1) MONUMENTS. (ac) All of the monuments required in pars. (ag) to (h) shall be placed flush with the ground if practicable. Whenever placement of a monument u…

236.16 Layout requirements. 236.16(1)(1) Minimum lot width and area. In counties having a population of 40,000 or more, each lot in a residential area shall have a minimum average width of 50 feet and a minimum area of 6,000 square feet; in counties of less than 40,000, each lot …

236.18 Wisconsin coordinate system. 236.18(1)(1) Requirement for recording. 236.18(1)(a)(a) No plat that is referenced to a Wisconsin coordinate system under sub. (2) may be recorded unless it is based on a datum that the approving authority under s. 236.10 of the jurisdiction in…

236.20 Final plat. A final plat of subdivided land shall comply with all of the following requirements: (1) GENERAL REQUIREMENTS. All plats shall be legibly prepared and meet all of the following requirements: (a) The plat shall have a one-inch margin on all sides. A graphic scal…

236.21 Certificates to accompany plat. To entitle a final plat to be recorded, the following certificates lettered or printed legibly with a black durable image or typed legibly with black ribbon shall appear on it: (1) PROFESSIONAL LAND SURVEYOR’S CERTIFICATE OF COMPLIANCE WITH …

236.25 Recording a plat. (1) The subdivider shall have the final plat recorded in the office of the register of deeds of the county in which the subdivision is located. Subject to sub. (2), a final plat that has the approvals required under s. 236.10, or that is deemed approved u…

236.26 Notification to approving authorities. When a final plat is recorded, the register of deeds shall notify all authorities required by s. 236.10 to approve or permitted by s. 236.12 to object to the plat by mailing to the clerk of each authority written notice thereof. Histo…

236.27 Filing of copy of plat. The subdivider shall file a true copy of the final plat as a public record with the clerk of the municipality or town in which the subdivision is located.

236.28 Description of lots in recorded plat. When a subdivision plat has been recorded in accordance with s. 236.25, the lots in that plat shall be described by the name of the plat and the lot and block in the plat for all purposes, including those of assessment, taxation, devis…

236.29 Dedications. 236.29(1)(1) Effect of recording on dedications. When any plat is certified, signed, acknowledged and recorded as prescribed in this chapter, every donation or grant to the public or any person, society or corporation marked or noted as such on said plat shall…

236.292 Certain restrictions void. (1) All restrictions on platted land that interfere with the development of the ice age trail under s. 23.17 are void. (2) All restrictions on platted land that prevent or unduly restrict the construction and operation of solar energy systems, a…

236.293 Restrictions for public benefit. Any restriction placed on platted land by covenant, grant of easement or in any other manner, which was required by a public body or which names a public body or public utility as grantee, promisee or beneficiary, vests in the public body …

236.295 Correction instruments. (1) Correction instruments shall be recorded in the office of the register of deeds in the county in which the plat or certified survey map is recorded and may include any of the following: (a) Affidavits to correct distances, angles, directions, b…

236.30 Forfeiture for improper recording. Any person causing his or her final plat to be recorded without submitting such plat for approval as herein required, or who shall fail to present the same for record within the time prescribed after approval, shall forfeit not less than …

236.31 Penalties and remedies for transfer of lots without recorded plat. (1) Any subdivider or the subdivider’s agent who offers or contracts to convey, or conveys, any PLATTING LANDS subdivision as defined in s. 236.02 (12) or lot or parcel which lies in a subdivision as define…

236.32 Penalty for disturbing or not placing monuments. (1m) Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail for any of the following violations: (a) Any owner, professional land surveyor, or subdivider who fails to place m…

236.33 Division of land into small parcels in cities of the first class prohibited; penalty. It shall be unlawful to divide or subdivide and convey by deed or otherwise any lot in any recorded plat or any parcel or tract of unplatted land in any city of the first class so as to c…

236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority…

236.34 Recording of certified survey map; use in changing boundaries; use in conveyancing. (1) DESCRIPTION AND USES. (am) A certified survey map of not more than 4 parcels of land, or such greater maximum number specified by an ordinance enacted or resolution adopted under par. (…

236.35 Sale of lands abutting on private way outside corporate limits of municipality. (1) No person shall sell any parcel of land of one acre or less in size, located outside the corporate limits of a municipality, if it abuts on a road which has not been accepted as a public ro…

236.36 Replats. Except as provided in s. 70.27 (1), replat of all or any part of a recorded subdivision, if it alters areas dedicated to the public, may not be made or recorded except after proper court action, in the county in which the subdivision is located, has been taken to …

236.40 Who may apply for vacation of plat. Any of the following may apply to the circuit court for the county in which a subdivision is located for the vacation or alteration of all or part of the recorded plat of that subdivision: (1) The owner of the subdivision or of any lot i…

236.41 How notice given. Notice of the application for the vacation or alteration of the plat shall be given at least 3 weeks before the application: (1) By posting a written notice thereof in at least 2 of the most public places in the county; and (2) By publication of a copy of…

236.42 Hearing and order. (1) After requiring proof that the notices required by s. 236.41 have been given and after hearing all interested parties, the court may in its discretion grant an order vacating or altering the plat or any part thereof except: (a) The court shall not va…

236.43 Vacation or alteration of areas dedicated to the public. Parts of a plat dedicated to and accepted by the public for public use may be vacated or altered as follows: (1) The court may vacate streets, roads or other public ways on a plat if: (a) The plat was recorded more t…

236.44 Recording order. The applicant for the vacation or alteration shall record in the office of the register of deeds the order vacating or altering the plat together with the plat showing the part vacated if only part of the plat is vacated or the altered plat if the plat is …

236.445 Discontinuance of streets by county board. Any county board may alter or discontinue any street, slip or alley in any recorded plat in any town in such county, not within any city or village, in the same manner and with like effect as provided in s. 66.1003. History: 1999…

236.45 Local subdivision regulation. (1) DECLARATION OF LEGISLATIVE INTENT. The purpose of this section is to promote the public health, safety, and general welfare of the community and the regulations authorized to be made are designed to further the orderly layout and use of la…

236.46 County plans. (1) (a) The county planning agency may prepare plans, in such units as it may determine, for the future platting of lands within the county, but without the limits of any municipality, or for the future location of streets or highways or parkways, and the ext…

236.50 Date chapter applies; curative provisions as to plats before that date. (1) (a) This chapter shall take effect upon July 1, 1956, but any plat recorded prior to December 31, 1956, may be approved and recorded in accordance with this chapter or ch. 236, 1953 stats. This cha…